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K R Subrahmanya (Retired Professor)     29 November 2009

Rights of tenants of agriculture property

I have inherited some agricultural property in Mysore dist, Karnataka.  The tenants claim that they are there for over 30 years and hence they are the owners.  What are the present rules in Karnataka, which can help me in securing the land.



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 6 Replies

niranjan (civil practice)     29 November 2009

I reply this querry with understanding that tenancy laws are different  in every states,however,the basic idea must be the same. Tenants cannot become owner by afflux of time,but tenant apply to the concerned authority for purchase of land and that authority will decide the price and he will be entitled to purchase land fromyou.If tenant is notpaying the rent in that case under the same law,you can file petition for terminating the tenancy and vacat the land.

K R Subrahmanya (Retired Professor)     29 November 2009

Many thanks. 

K R Subrahmanya (Retired Professor)     29 November 2009

How does the tenant prove that he is paying the rent regularly.  How does the landlord state the rent is not being paid.   Should be these documented.  Will the oral statement by the tenant admissible in a court?

niranjan (civil practice)     30 November 2009

If the landlord does not have  document of lease,nor any record maintained of rent if paid by the tenant,,so both the parties have no evidence.But the cultivator 's name is entered in the record cultivating the land as tenant.In Revenue Code there are certain methods as to how the land is being got lcultivated.These are : by self-system no.l. by labour sytstem no.2 and on rental basis system no.3. So these systems are also written in the record of  cultivation. Name of the LL is appearing on the top,but in the column of cultivation,name of lthe Icultivator is appearing and against his name one of the above systems are written.If  system no.3 is written,he is presumed tobe tenant,

K R Subrahmanya (Retired Professor)     30 November 2009

Fine.  What is the procedure to get the land back from the tenant, who is unwilling to vacate?

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     01 December 2009

Niranjan has clearly told the procedure in such matters. Tenant is unwilling to vacate, it is true but you can file a petition for vacation of land with the collector of your area but prior to that observe minutely the revenue record of your land through local revenue lawyer.


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